Nagaraj v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.02.2021

CORAM:

THE HON'BLE MR.JUSTICE N.SESHASAYEE WP.No.2005 of 2021 Nagaraj

...Petitioner

-Vs1.The Revenue Divisional Officer, Hosur, Krishnagiri District.

2.The Tahsildar, Hosur Taluk, Krishnagiri District 3.Rajkumar

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent herein to dispose of the petitioner's appeal dated 17.11.2020 in accordance with law within the stipulated time fixed by this Court. For Petitioner : Mr.K.Govi Ganesan For Respondents : Ms.R.Janaki Additional Government Pleader

ORDER

The present petition is filed by the petitioner seeking a direction to the Revenue Divisional Officer/first respondent herein to dispose of the appeal dated 17.11.2020 filed by the petitioner, challenging the proceedings of the Tahsildar, wherein, the Tahsildar has granted patta in the name of the third respondent. 2.Heard both sides.

3.Ms.R.Janaki, learned Additional Government Pleader takes notice for the respondents 1 & 2 and made a statement on instructions, that an enquiry is scheduled to take place on 05.02.2021 at 3 p.m., at the office of the first respondent. She submitted that the authority is vested exclusively with the first respondent to hear the appeal and the first respondent will not hold temptation in out sourcing it or delegating her response to any of the subordinate officials.

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4.The said statement of the learned Additional Government Pleader is recorded.

5.This Court, is constrained to make a statement because this Court, on couple of earlier occasions has observed such consistency in this official.

6.Since the enquiry is already fixed, no further direction is required to be made except that the first respondent is directed to issue notice to all the parties who are likely to be affected by his decision and after providing the parties a fair and effective hearing, to dispose of the matter through a speaking order within a period of twelve (12) weeks from the date of receipt of a copy of this order.

7.The Writ Petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar dn To 1.The Revenue Divisional Officer, Hosur, Krishnagiri District.

2.The Tahsildar, Hosur Taluk, Krishnagiri District +1cc to Mr.K.Govi Ganesan , Advocate SR.No. 5524 W.P.No.2005 of 2021 A.SK(19.02.2021).

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